News

Landmark case example where biology is irrelevant

By Greg Sherington

17 February 2011

Professor Patrick Parkinson, AM comments on the decision by the Family Court to prevent a lesbian mother moving her daughter instate after it ruled that her ex-partner had the same rights as other parents, despite no biological link.

In an interview with The Daily Telegraph, Professor Parkinson argues that the case was an example of "biology being irrelevant" when it comes to Family Law.

"Emotional reality is very different to the legal situation," he says.

"Where there isn't a biological connection (between the child and the other parent) it's very easy to say this is my child, not ours.

"There are no easy answers to these issues."

Professor Parkinsonadds there were more cases of homosexual couples with children separating coming before the court system.

"But overall there are still only a small number of children living in families with same sex parents."